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Employment Verification Attorney in Cleveland

Complying with Requirements for Form I-9: Employment Verification

When someone begins a new job, they are asked to complete an I-9 form in
order to verify that they can legally work in the United States. Whether
you are a born U.S. citizen or in the United States on a work visa, you
must complete an I-9. It is not only the responsibility of the employee,
but the employer as well to ensure that this is done. If you have questions
about someone’s ability to fill out an I-9 form appropriately, the
Ohio immigration law team at Robert Brown LLC is here to help.

Employee Responsibility

Once you have been hired, it is your responsibility to provide just and
valid documentation that proves that you are eligible to work in the United States.

This can include documents that establish identity and employment authorization, such as:

A valid passport

Permanent resident card

Foreign passport with I-551 stamp

Completed Form I-766

Foreign passport with I-94 or I-94A form endorsing the person

You may also submit documents of identity along with documents establishing
employment authorization, such as:

Valid driver’s license or ID card

Photo ID such as a school ID card, voter registration, military draft,
U.S.C.G. merchant mariner card, Native American tribal document, or other
documents for those under age 18

Social Security Account Number card

Birth certificate

Resident citizen ID card

Employment authorization from the Department of Homeland Security

If you are unsure about whether or not you or someone you know has the
valid documentation necessary to secure employment, call Robert Brown
LLC and schedule a consultation. We can help you better understand the
law and establish your authorization to work in the U.S.

Employer Responsibility

Within three days of their being hired, it is the responsibility of your
employer to provide an I-9 form and then verify that the employee is eligible
to work in the United States. All completed I-9 forms must be kept by
employers for at least three years after the employee's date of hire,
or at least one year after the date the employee was terminated. These
forms may be stored electronically or as hard copies, but they must be
kept in a safe place. Failure to retain these documents can result in
serious federal consequences.

E-Verify is an internet-based system that matches an employee’s I-9
form with government records to confirm that the person can legally work
in the U.S. Unlike an I-9, however, E-Verify requires photo documentation.

Re-Verification

For employees holding visas that allow them to work in the U.S., it is
important that they update and re-verify their eligibility to work within
this country should they have a
change of status or
extension of their visa. It is important to note that E-Verify cannot be used to
reverify an expired employment authorization.

Audits

Not all form submissions will include the correct information. When an
employee is unable to provide the right information, the employer can
ask them to resubmit the form or get the help of a translator/preparer.
If an employer suspects that the information submitted was possibly fraudulent,
it is suggested that they address the concern with the employee. Employers
cannot use an I-9 audit to discriminate against, retaliate against, or
intimidate an employee.

Occasionally, I-9 audits will be performed by the Immigration and Customs
Enforcement. Unauthorized workers will ultimately be dismissed and could
be subject to
deportation and removal. Employers found guilty of hiring or employing a person who
is not legally allowed to work in the United States could face fines up
to $16,000 per worker.

Questions Regarding Your I-9? Contact Robert Brown LLC

When it comes to hiring, having the right legal advice on your side could
make the difference between years without an audit and sudden penalties
brought on by an investigation. Any questions regarding your employee
or employer responsibility when completing an I-9 can be directed to
Robert Brown LLC. With our decades of experience, we have handled thousands of cases and
can provide you with dependable legal counsel for your issue. Your business
is important. Let us help you stay within the law and avoid penalties.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.